A Study On The Lenient System Of Pleading Guilty

With the completion of the trial on the 2014-2016 criminal speed-down procedure,in September 2016,the standing Committee of the National People's Congress authorized the Supreme People's Court and the Supreme people's Procuratorate to try out a lenient system of guilty pleas and fines in 18 large and medium-sized cities,including Beijing and Shanghai.Cases in which the prosecution voluntarily pleads guilty to punishment shall be dealt with leniently according to law.In November 2016,the Supreme People's Court and the Supreme people's Procuratorate,got together with the Ministry of Public Security,the Ministry of State Security and the Ministry of Justice,formulated the measures for pilot work on the system of lenient admission and punishment in criminal cases in some areas.The promulgation of this document establishes the basic framework of the leniency system of guilty admission and punishment in our country,which indicates that our country is gradually establishing the system of guilty admission and punishment leniency.The lenient system of pleading guilty and penalizing has carried out the criminal policy of "combining leniency and severe punishment",which is beneficial to the rational allocation of judicial resources.The establishment of this system has aroused the hot discussion by the judicial practice and the criminal law theory.The focus of the heated discussion is mainly on the concept of the system,the scope of application,the scope of leniency,the guarantee of the defendant's willingness,and so on,because a series of problems have appeared in the implementation of the system,which includes the imperfection of the legislation itself,and also includes the deviation between theory and practice in the system trial.At present,the system is in the trial stage,it is necessary to carry out a comprehensive understanding of the system,the author carried out his own research through the following aspects:First of all,through the study of existing relevant literature,clear the concepts of "guilty and punishment" and "lenient".On the basis of understanding the system of leniency and other related concepts are different,comprehensively summarize the background and effectiveness of the system.Secondly,through the introduction of the American plea bargaining system and the German criminal consultation system,this paper expounds the enlightenment of the two countries' relevant systems to our country.Finally,with the relevant data and cases to introduce the overall operating situation of the lenient system of guilty admission and punishment in our country,analyze the problems in the system trial,and combine the judicial situation of our country,put forward countermeasures which can perfect the lenient system of guilty admission and punishment in our country.